CRYSTAL CLEAR Winter, 2020 Published by the Crystal Valley Environmental Protection Association, Environmental Watchdog for the Crystal Valley since 1972. Photo by Peter Westcott

Colorado Stone Quarries and the Destruction of Yule Creek

The Yule Quarry began operations in 1895, and played a approved an eleven-fold increase in the scale of Red Graniti’s significant role in the industrialization of the Crystal Valley. The operations, from 10 acres to a total 124 permitted acres; a 114 quarry assumed ownership of the Crystal Railroad in 1918 and acre expansion. The operation is now doing business as Colorado was the primary reason for its continuing operation until Stone Quarries (CSQ) and we are getting our first taste of the abandonment in 1941. The Lincoln Monument and the Tomb of dramatic increase in the intensity of use. the Unknown are perhaps the most famous products pulled from Yule Creek is a perennial tributary to the Crystal River, Treasury Mountain and sent down the rails before both ceased characterized by a series of step-pools, chutes, and operations in 1941. waterfalls. USFS lands lie adjacent to the quarry site, and the Unlike the railroad, the quarry came back to life in Raggeds Wilderness is directly upstream. Given the steep slopes modern times, resuming mining in 1989. In 2011, the quarry and short growing season, such creeks are inherently fragile. was purchased by the Red Graniti group from Carrara, Italy. The Yule Problems Begin Carrara Quarries boast of producing 4,000,000 tons of marble Beginning in November of 2018, and with no permits, annually. The scale of the impact on Italy’s Apuan Alps is far far CSQ diverted approximately 1,600 linear feet of the creek through beyond what most Crystal residents would expect from the a constructed channel that flows approximately 1,700 linear feet heretofore quaint historic operations in Marble. One might around the east side of Franklin Ridge. (There is some evidence rather picture the large open pit mines of Kentucky, where “Mr. the Creek had been on that side in geologic time.) After forcing Peabody’s Coal train hauled it away.” See “Inside Italy's $1 the stream to the east, the creek bed was buried under Billion Marble Mountains” https://www.youtube.com/watch? approximately 97,000 cubic yards of waste rock and other v=_PcOPVYb7EQ materials to create a new road access to the existing mining Unbeknownst to most Crystal Valley residents, in 2016, operation and to facilitate surface mining of Franklin Ridge itself. the Colorado Division of Reclamation, Mining and Safety (DRMS) Continued on Page 2. Page 2 Yule Creek, continued

Maciej Mrotek has released a video documentary of this carnage, While we, therefore, have reluctantly concluded that called the Destruction of Yule Creek by Colorado Stone Quarries Yule Creek should remain in its new channel, we do not agree Marble, CO 2018- see https://www.youtube.com/watch? that restoration efforts to date, or as proposed in the permit v=qK3fvmNLFCk application, are adequate. Restoration of damage on the scale As we have reported previously, on October 16, 2019, Yule Creek has now suffered will be a serious undertaking, and approximately 5,500 gallons of diesel spilled from above-ground will likely require decades of careful work to recover full storage tanks located on the Franklin Ridge and in close ecosystem functionality. Though the creek was previously proximity to the natural western alignment of Yule Creek. The disturbed due to historic mining practices, the realigned creek is ongoing remediation of the diesel spill is expected to take several now decimated, with scoured edges devoid of vegetation and its years and is being directed by DRMS. CVEPA alerted the Corps waters now tumbling through piles of rip rap. The mine has about the re-route of the creek in early December. In response, undertaken some grading and seeding of adjacent slopes, but any the Corps initiated an enforcement investigation on December casual observer will easily see that significant additional 18, 2019, and has now determined that the devastation of Yule restoration efforts are needed. Creek violated the Clean Water Act. Graniti claims it had thought CVEPA Recommendations its actions were exempt. The Corp has rejected this contention Specifically, we believe that biological inputs should be noting that the claimed exemption was intended only for incorporated to restore habitat, river function, riparian function, temporary access, not for permanent haulage roads as have now Section 7 NEPA, fisheries, or other functions incorporated in the been installed over the creek. USACE requirements under the Clean Water Act. Despite the So CSQ is now requesting an after-the-fact Corps permit note in the public notice that describes that wetland habitat was to expand mining operations by permanently retaining the likely not impacted in the new creek diversion – that does not current realignment of Yule Creek around the east side of the mean that ecological functions should not be incorporated into Franklin Ridge. The Corp has required the quarry to evaluate the design alternatives for review. several alternatives. Several of these would seek to return Yule To that end, CVEPA believes the quarry should be Creek to its historic channel, while building various new roads required to contract with a qualified and independent and bridges to facilitate haulage from the existing quarries and organization with the requisite skills to design and monitor the surface mining of Franklin Ridge. The mine’s preferred efforts to ensure that ecological functionality is restored to alternative would allow the creek to remain in its new alignment, the same quality as undisturbed upstream reference sites and would allow the surface mining of Franklin Ridge to proceed. from within the Raggeds Wilderness. Based on In evaluating this sad situation, the CVEPA board has comparisons with such referenced sites, the monitoring reached out to two stream ecologists for input, Stephen should include success matrices with targets for macro Ellsperman and Liza Mitchell. Based on input from each, we are invertebrates and water quality. Our valley is blessed with at least one organization skeptical that it would now be advisable to seek to return Yule Creek to its historic channel. The 97,000 cubic yards of waste qualified to oversee this work; the Roaring Fork Conservancy. rock and other materials placed in the former chute have We have discussed this challenge with RFC Director Rick Lofaro, destroyed any semblance of the old creek, and are now who is interested in lending the skills of his organization to this furthermore contaminated with the 5500 gallons of spilled fuel. effort as part of the Corps permit requirements. We believe that Remediation efforts are under way with specific monitoring to requiring a long term restoration effort, with ongoing monitoring ensure that diesel is not making it into the downstream and management adjustments as needed to optimize outcomes is watershed. Disturbing this area would now undermine this entirely appropriate mitigation for such a large violation. containment. At the same time, we recognize that the loss of the historic creek bed, and the seeming impossibility of bringing that back, suggests that additional compensatory mitigation is also appropriate. For years, watershed advocates have been evaluating riparian restoration sites elsewhere in the Crystal Valley that were similarly impacted by the heavy hand of highway construction and mining. CVEPA plans to submit with its comment a list of offsite projects that can be added to the onsite restoration efforts, consistent with the above. We certainly hope that recent events are not an indication of what life will be like with Graniti on an ongoing basis. The scale of the open pit mining seen in the Apuan Alps will hopefully not be our future. But be assured we’d all better hunker down for the long haul. According to Graniti, there is enough marble within its expanded permit area on Yule Creek to continue mining at the current rate for more than 100 years. Page 3 Wetlands Conservation Easement Progresses

For millennia, the Crystal River has tumbled small mounds also on the edge of the wetlands, and the through the high country, and when the spring runoff area is often referred to as the ‘Marble Stonehenge’ by occurs, it can come in force. Water rises up the banks, locals. picking up detritus from the forest floor and turning from The current owner, Pam Hepola, lived in Marble for crystal water to a muddy, roiling power. One of the first a while, but now resides in Vermont. However, she has a places it has a chance to slow down and spread out is in the love of the area and is most generous. She donated the land Marble wetlands. As the that is now the Marble flood tops the banks and Town Park, and would like spreads over a much to put her 55 acres, which wider area, it slows and includes almost all of the drops some of the wetland, into conservation sediment it is carrying. easement. Hepola Wetlands are approached both Colorado special places. Wildlife Parks and Wildlife (CPW) thrives here; seventy five and the Aspen Valley Land percent of species Trust (AVLT), offering to depend on wetlands, donate the land, but both although they make up turned her down because only two percent of land of fears of having to clean area. Wetlands recharge up the smelter site. ground water, stabilize CVEPA heard of the river banks, control impasse and is working floods, and purify water. with many agencies to get And because wetlands CVEPA members and friends, including students from Marble Charter School, the slag (the waste are sometimes covered enjoyed the view from the slag heap during CVEPA’s Wetlands hike October 7. material from the smelting in water, humans have not easily been able to build process) tested for toxic materials and, if results come back structures in them, except on the banks and edges fairly benign, move forward with the conservation surrounding them. easement. Results are due in early December. “We’re The Clean Water Act of 1972 protects wetlands hoping to get a great report, and that AVLT will promptly from being drained or filled in without a permit from the act on it,” said CVEPA president John Armstrong. Army Corp of Engineers. Under the Trump administration’s Potentially everything could come together in the spring of Navigable Waters Protection Rule, those protections have 2021. been weakened to only include lakes, steady-flowing If everything works out as hoped both AVLT and streams, and other major water bodies putting pressure on CPW will be involved, one as the owner and the other seasonal or ephemeral waterways. holding the conservation easement. Little will change The Marble wetlands were likely used by the Utes other than some interpretive signage and a few more as a hunting ground. When white settlers came to the area, hiking trails. It will be a non-motorized area. The 55 acres they largely avoided them, but in 1898 the Hoffman abuts some land currently managed by the CPW, and the brothers did choose a site of about an acre to place a road that runs through it runs to private property that smelter just on the banks. Why here? That’s an interesting includes the lowest of the Yule Creek Falls. The owner of question. Silver ore was brought by mule train down from the private property seems amenable to allowing access, as the Schofield Pass area, and coal was brought in, also by he has placed “no trespassing” signs further up the road mule, from Crested Butte. Perhaps this was the closest beyond the access to the falls. place to bring the resources together. While the Crystal waters will continue to flow The smelter had a relatively short history, through the Marble wetlands no matter the outcome, operating from 1898 to 1904, just over five years. It was getting the land into conservation easement will allow the plagued by mismanagement and the problems of bringing public use and enjoyment of the area, and allow for better resources together by mule. Since its closure, the land has management. CVEPA is proud to be the leader in this changed hands several times, and one rather creative effort. owner placed large upright rock slabs atop some of the Page 4 Gratitude to CDOT

So often in environmental defense it is necessary to approximately 150 meters of route 133. CDOT plans a 16- be critical or to take the offensive, so it is a pleasure for the foot-tall wall to stop the loose rock. At its base, the wall is Crystal Valley Environmental Protection Association approximately 8 feet thick. If it sounds unsightly be assured (CVEPA) to offer thanks and commendation to the Colorado that CDOT has sensitively designed the color and texture of Department of Transportation. the wall to fit into the surrounding appearance of the CDOT is responsible for the day to day safety of Hellgate area geology. (Hellgate is the historic name for the highway travel in the Crystal River Corridor, come sunshine towering cliffs defining the Crystal River Narrows.) A or blizzard. To that end, the department plans proactive and meeting of concerned and active stakeholders was held this expensive geo-hazard mitigation on highway 133. In the summer to determine the type of retention system and the summer of 2021, CDOT plans to scale five different sites that appearance of the finished product. Participating with a endanger the highway from above. “Scaling” is the act of cadre of engineers and CDOT personnel were Forest Service removing specified, unstable rocks from an overhead slope. staff, our CVEPA delegate and a Pitkin County Open Space By implementing a high-tech remote-control drone and Trails officer. helicopter and sophisticated video equipment, CDOT can The project will no doubt generate traffic delays map the most dangerous rocks and target them for removal. along the route and travelers will need to be patient knowing Removal can come in the form of people with hand or power that the wait will pay safety dividends in the end. tools, sometimes working from hydraulic lifts. Heavy Most people don’t know about the project CDOT equipment can be used if it can reach the culprit rocks, but completed on the McClure Pass road cut about 6 years ago. explosives are widely used. We are aware that our state is full With a tremendous investment, the highway department of unstable slopes that threaten our roadways, and we are stabilized much of the fractured strata of the road cut. They grateful to have CDOT focus on the Crystal River Valley. used new technology implementing pressurized CDOT was preoccupied for months this summer due polyurethane injections into the cracks which hardens and to the fire in the Glenwood Canyon. When released from the glues loose rock together. This system could only be done in canyon the highway crew completed a tall berm around the the warmest summer months due to temperature McClure Horseshoe Dump Site. This site is designated for differentials. After “gluing” the strata CDOT then hung a mudslide debris and rockfall. CDOT works closely with the lengthy system of metal mesh netting from the top of the U.S. Forest Service as the site is on federal land. The berm cliffs. Choosing a color which best blended with the existing shields the debris dump from view along the West Elk Loop shale rock, CDOT draped the mesh over the cliff face in order Scenic Byway. The Horseshoe is an integral part of the rock to catch the rock before it could land on the roadway. In the scaling disposal plan. upper Crystal Valley we have had several fatalities attributed Crystal Valley residents have been long aware of the to rock fall in the past decades. These efforts by CDOT have active rockslide directly across from Penny Hot Springs. made traveling route 133 safer for everyone in all kinds of Concurrent with the improvements to the Hot Springs weather. Locals, tourists and travelers are grateful to CDOT parking area, CDOT has a major slope stabilization project for their work and foresight. planned across the road. The toe of the rockslide borders FS Installs New Closure Gate

The Forest Service has installed a vehicle closure gate on the paved Coal Creek road about one mile above the Coke Ovens. This location is where the Pitkin County winter snow plowing stops and is also the boundary of the White River National Forest. The decision to locate a gate on Coal Creek road stems from a requirement in the 2011 Forest Management Plan which requires the Forest Service to manage all vehicle roads within the forest. The Forest Service confirmed that the Coal Creek gate is not a response to any specific environmental or user concerns within the Coal Basin drainage. This year the gate will remain open for the full winter season. However, in 2021, the gate will be closed starting in early spring (likely early March) when the snow starts to melt, and then remain closed until May 20. In future years, the gate will be closed to vehicle traffic on November 23 and remain closed through the winter and early spring seasons until May 20. The road will be open year-round for use by horse, foot, ski and snow machine traffic. The Forest Service said that in future years, the opening and closing dates given above will be flexible and primarily depend on how snow conditions develop through the winter months. The District Ranger will make gate closure decisions. Page 5 Give Wildlife a Break A break indeed is what CVEPA is asking for in the previously known as the upper Turnbull Ranch which new “super fence” which is being installed along Prince skirts Mount Sopris. He has augmented his domain with Creek Road. This year, the Tom Turnbull Ranch up Prince the controversial acquisition of another 2 ½ square miles Creek was sold to Tom Bailey, Janus Funds founder. Tom of BLM land which wraps around the base of Mount Sopris. Bailey is now well known in the valley for purchasing large Wexner has bought up numerous houses around his tracts of land and water rights. property. Unlike Bailey, Wexner empties the houses then Bailey is famous for “erasing” existing dwellings leaves them uninhabited. This can be evidenced by the and returning the land to a more natural state. He numerous vacant homes along Thomas Road. demolished a million dollar “mansion” that was built in the To the northwest of Cold Mountain Ranch is the middle of a lovely alfalfa field, highly visible from 133. iconic Crystal River Ranch owned by Sue Anschutz Rogers. Numerous other houses and buildings have also been The largest of the ranches, Crystal River is a very active, eliminated on his ranches. sprawling, cattle-raising operation. This ranch is the winter Tom Bailey’s projects are built to last, and this is home to at least two large herds of elk. (Sue Rogers knows evidenced by the new fence along the road. Built of 2 ½” elk and knows fences having cohabitated with wildlife for steel pipe approximately 6’ tall, the barrier is strung with ages!) barb wire then reinforced with cedar uprights to form an “The New West” comes with its own suite of impenetrable barrier. This creates a problem for wildlife problems, benefits and idiosyncrasies. In spite of the because the fence is impossible to cross by deer and elk. challenges, area ranchers impeccably maintain their The lengthy run of fence will drastically change the pattern properties and enhance our beautiful valley. The wide- of ungulates (deer and elk) in their search for water in the open spaces are one of the reasons we love where we live. difficult winter months. CVEPA strives for an environment where private Upon viewing this construction, CVEPA contacted landowners and public land managers work with agencies Colorado Parks and Wildlife (CPW) Officer John Groves to to protect wildlife and conserve wild and agricultural discuss the fence and request that he contact Bailey to lands. mitigate the hazard it creates. Groves agreed that the fence —John Armstrong would cause difficulty for large animals and admits he is also disturbed by the new fence. Groves agreed to speak with Bailey about the fence, noting that although CPW has no powers of enforcement they can make recommendations to landowners. CVEPA and Groves know that removal or drastic redesign of the barrier is unlikely. The best scenario may be the installation of fence crossing devices along the routes where animals traditionally migrate. The ranch is in Garfield County, less than ½ mile from the Pitkin County line. Neither county has regulations establishing parameters for wildlife friendly fences. I spoke with rancher Bill Fales about the fence. He and his wife, Marj Perry, run the Cold Mountain Ranch which straddles the Pitkin/Garfield line along 133. This working ranch is almost entirely in a conservation easement. Fales deals with many miles of fence and hundreds of wild animals that move through his property. In conversation Fales noted that he is now surrounded on three sides by billionaires! Bailey has also acquired the Bob Perry Ranch behind the Fish Hatchery, the Foley Ranch along the Roaring Fork River from highway 133 to the Ranch at Roaring Fork and the Turnbull Ranch from 133 up Prince Creek Road for approximately one mile. About 25 years ago, clothing magnate Leslie Wexner and his wife, Abigail, bought the Two Shoes Ranch, Page 6

The “Crystal Clear” is published quarterly by the Crystal Grateful To Our Partners Valley Environmental Protection Association, a 501c3 organization. Learn more about us at cvepa.org. Board Members For every one of us, 2020 has been a year we will never forget. It has been a very active year for CVEPA and our hard-working John Armstrong, President Francie Jacober board. We could not travel this road alone, and in the spirit of Chuck Downey Suzy Meredith-Orr the season we offer our thanks to the many entities we have Dorothea Farris Peter Westcott partnered or worked with this year: John Hoffman Dale Will

The United States Forest Service, Crystal River Caucus, Aspen Directors Emeritus Valley Land Trust, Trout Unlimited, US Army Corps of Michael Mechau Bill Spence Engineers, Colorado Department of Parks and Wildlife, Department of Public Health and Environment (Active and Inactive Mines), Department of Reclamation, Mining and Safety, the County Commissions of Gunnison, Pitkin and Garfield Counties, Roaring Fork Conservancy, Roaring Fork Outdoor Volunteers, Aspen Journalism, Sopris Sun newspaper, Town of Marble, EcoFlight, Pitkin County Open Space and Trails, Pitkin County Healthy Rivers and Streams, Trust for Land Restoration, Marble Charter School, Colorado Department of Transpor- tation, Maciej Mroteck, Two Rivers Unitarian Universalist, the Third Street Center, Environmental Testing and Consulting, DHM Design, Propaganda Pie and our members and friends.

Crystal Valley Environmental Protection Association PO Box 921 Carbondale, CO 81623 www.cvepa.org